Hi. I would appreciate some feedback on this ticket. I recieved a ticket for failure to pull over for an emergency vehicle. During an icy, winter storm, I saw that I was approaching an accident up ahead on the shoulder. As I was already doing 70 in a 100km one, I still knew that I had to get into the left lane. As I was approaching the point I felt that I had to change lanes I saw in my rear view mirror an ambulance coming up behind me in the left lane. This basically had me boxed in. Accident on shoulder, ambulance in the left lane, me in the middle. So my approacrh was to slow down to 40, pass the accident and when the amulance was near take my foot of of the gas pedal and pulling over about 2 feet not much but there were no visible lines. I felt stopping with the icy road conditions was too dangerous. I could have either skidded into the accident, wiped out in the middle of the highway with the ambulace hitting me, or myself going off the shoulder into the ditch. The officers notes state that the ambulance had to go left of me almost going into the ditch to do so. This was not true. He was always in the left lane. The notes also state he was assisitng a car out of the ditch. Also not true. The car was already out of the ditch and on the shoulder.

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Failure to pull over

by: joe comp on

22 Replies

joe comp
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Re: Failure to pull over

I highly disagree about your statement of my lack of due diligence. What about the 4 cars that were behind me about 7 car lengths back, travelling faster than I was? What about none of the cars who pulled over to the side and stopped like I was told on this board to have done that never did as the office pursued me?

I highly disagree about your statement of my lack of due diligence. What about the 4 cars that were behind me about 7 car lengths back, travelling faster than I was? What about none of the cars who pulled over to the side and stopped like I was told on this board to have done that never did as the office pursued me?

Stanton
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Re: Failure to pull over

What happened with your charge? Your last post was almost 3 years ago so I'm assuming it's been dealt with in Court.

What happened with your charge? Your last post was almost 3 years ago so I'm assuming it's been dealt with in Court.

joe comp
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Re: Failure to pull over

Was just looking at this and noticed a response years later wondering what happened to me. I went to court and lost. The cop lied about a couple of facts so.....I was told by to JP that I must come to a complete stop. Even though there were cars several feet behind me and literally snow drifts for a shoulder and I was in between 2 emergency vehicles. Actually all these years later I'm still (childishly? )bitter. Well now I do come to a complete stop like I was instructed to. I've cut off several vehicles including a transport truck one time to get over and stop. If they don't make a move to get over I sure as heck do regardless. Also in response to ABS Under severe conditions when the entire road is covered with ice, all four wheels may lock simultaneously. Unless at least one wheel is turning, the ABS will react as if the vehicle has stopped. When this occurs, the ABS is defeated, and the driver will need to go back to the pumping technique

Was just looking at this and noticed a response years later wondering what happened to me. I went to court and lost. The cop lied about a couple of facts so.....I was told by to JP that I must come to a complete stop. Even though there were cars several feet behind me and literally snow drifts for a shoulder and I was in between 2 emergency vehicles. Actually all these years later I'm still (childishly? )bitter. Well now I do come to a complete stop like I was instructed to. I've cut off several vehicles including a transport truck one time to get over and stop. If they don't make a move to get over I sure as heck do regardless.

Also in response to ABS

Under severe conditions when the entire road is covered with ice, all four wheels may lock simultaneously. Unless at least one wheel is turning, the ABS will react as if the vehicle has stopped. When this occurs, the ABS is defeated, and the driver will need to go back to the pumping technique

jsherk
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Re: Failure to pull over

I assume this charge is for not pulling over for the ambulance? And the officer that wrote the ticket was on the side of the road with the other vehicle? Remember, NEVER lie on the stand, but if your testimony is along the lines that by the time you saw the ambulance you did not feel you could pull over because of the other vehicle and police car that were on the side of the road, then that might be sufficient to win. I would however NOT mention all those other intersections you slid thru earlier though. Do you have disclosure yet? Can you post officers notes?

I assume this charge is for not pulling over for the ambulance? And the officer that wrote the ticket was on the side of the road with the other vehicle?

Remember, NEVER lie on the stand, but if your testimony is along the lines that by the time you saw the ambulance you did not feel you could pull over because of the other vehicle and police car that were on the side of the road, then that might be sufficient to win. I would however NOT mention all those other intersections you slid thru earlier though.

Do you have disclosure yet? Can you post officers notes?

+++ This is not legal advice, only my opinion +++
bend
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Re: Failure to pull over

This charge is from 5 years ago and he's already been convicted.

jsherk wrote:

Do you have disclosure yet? Can you post officers notes?

joe comp wrote:

I went to court and lost.

This charge is from 5 years ago and he's already been convicted.

jsherk
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Re: Failure to pull over

Oh sorry, yes I see that now... did not read the earlier posts!

Oh sorry, yes I see that now... did not read the earlier posts!

+++ This is not legal advice, only my opinion +++
karra
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Re: Failure to pull over

Read the section again - it states 'if safe to do so...' Seems to me, you have a pretty good defence.

Read the section again - it states 'if safe to do so...'

Seems to me, you have a pretty good defence.

argyll
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Re: Failure to pull over

The speed limit is not the speed limit in all circumstances. I attended a 4x4 in a ditch and he said it wasn't his fault because the roads were bad and he wasn't speeding. I brought his attention to the fact that I'd managed to reach him a rear wheel drive Crown Vic and that although the speed limit was 80, that wasn't a safe speed that day. He looked confused but took the ticket.

The speed limit is not the speed limit in all circumstances. I attended a 4x4 in a ditch and he said it wasn't his fault because the roads were bad and he wasn't speeding. I brought his attention to the fact that I'd managed to reach him a rear wheel drive Crown Vic and that although the speed limit was 80, that wasn't a safe speed that day. He looked confused but took the ticket.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !

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